Host Terms of Service

1. Agreement

These Terms govern your use of the PhotoShare Events service ("Service"), operated by Aerial Aspect Media LLC, a Virginia limited liability company ("we," "us," "our"). By creating an account or using the Service, you ("Host," "you") agree to these Terms. If you do not agree, do not use the Service.

2. The Service

PhotoShare Events provides hosted event photo-sharing pages. You create events, upload photos, and share a per-event link with guests, who may view, download, and (where you enable it) upload their own photos.

The Service is offered as a free tier (one free event per account) and several paid per-event plans, each described on our pricing page and in your account. On the free tier we capture your event's photos (up to a generous per-event limit) during its live window; after the event settles, your most recent 10 photos stay visible at web resolution and the rest are hidden. Paid plans keep every photo in full resolution with originals and ZIP downloads.

Where the Service is offered. PhotoShare Events is intended for users in the United States. We do not target or market the Service to individuals in the European Union, the European Economic Area, the United Kingdom, or other regions, and we do not design the Service to comply with the data-protection or consumer-protection laws of those regions. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws.

3. Your Account

• You must be at least 18 years old and able to enter a binding contract.
• You are responsible for your credentials, all activity under your account, and keeping your contact information current.
• One account per Host. You may not share credentials with anyone who is not your employee or contractor.

4. Your Content

You retain all rights, title, and interest in the photos, comments, and other content you upload ("Host Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transcode (including thumbnails, ZIP archives, and web-optimized derivatives), and serve Host Content solely to operate the Service on your behalf. This license ends when you delete the content or the event expires, except for backups that age out under our normal retention schedule.

You represent and warrant that you own or have all rights necessary to grant this license, including any required releases from the subjects of the photos.

5. Guest Content

When guests upload photos or post comments to your event (together, Guest Content), you are the controller of that content as between you and us; we are a processor acting on your behalf. You are responsible for:

• displaying any consent or model-release notice you require from guests;
• responding to data-subject requests from guests under applicable law (GDPR, CCPA, etc.);
• moderating uploads. We provide tools (delete, hide, lock event) but do not pre-screen guest content.

Each guest grants us and you, as Host, a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transcode (including thumbnails, ZIP archives, and web-optimized derivatives), display, and distribute their Guest Content solely to operate the event and the Service — the same license described in § 4. We obtain this license from guests through the Guest Acceptable-Use Notice shown at the upload control; you are responsible for keeping that notice in place and not altering or disabling it.

6. Acceptable Use

You agree that neither you nor your guests will upload, post, or share through the Service (whether as photos or comments):

• content that is illegal, including child sexual abuse material;
• content that infringes any third party's intellectual property, privacy, or publicity rights;
• content uploaded without the lawful consent of recognizable subjects where consent is required — including a parent's or guardian's consent for any recognizable minor;
• malware, scrapers, abusive automation, or content designed to harass another person.

We may suspend or remove offending content or accounts without notice where we reasonably believe doing so is necessary to comply with law, protect the Service, or protect any person.

We act as a neutral host of content uploaded by you and your guests. We do not pre-screen or monitor uploads and have no obligation to do so, and we are not responsible for content uploaded by you, your guests, or any other person. We rely on the safe harbors available to online service providers, including 17 U.S.C. § 512; our notice-and-takedown process is described in § 15. If a third party claims that content on your event infringes their rights, our role is limited to acting on a valid notice — responsibility for the content itself rests with whoever uploaded it and, as between you and us, with you under §§ 6 and 14.

7. Fees, Billing, and Refunds

• Plans and prices are shown on our pricing page and in your account. We may change them on 30 days' written notice (email or in-app); a change never affects an event you have already paid for.
• One-time, per event. Paid plans are a single, upfront charge for one event. There is no subscription and no recurring billing. You pay at checkout, before your event (the step before your printable QR card).
• Upgrades. You may upgrade an event to a higher plan at any time; you are charged only the difference between the plans.
• Free tier. The free tier requires no payment and is limited to one free event per account.
• Payment processing. Payments are processed by Stripe, Inc. We do not receive or store your full card number. Prices exclude any taxes, which may be calculated and added at checkout.
• Refund guarantee. If a paid event captures fewer than 20 photos by the time its live window closes, we automatically refund that event's plan fee — you do not need to ask — and you keep full access to the photos you did capture. An event's live window closes 72 hours after its first uploaded photo (or on the event date, if no photos are ever uploaded; or 72 hours after the event is created, if no event date is set and no photos are uploaded); the automatic refund is issued within 5–10 business days to your original payment method.
• Other refunds. Except for the guarantee above and where required by law, plan fees are non-refundable once paid, because each plan's value (capacity, full-resolution storage, and downloads) is available to you immediately. Refunds are issued to your original payment method, typically within 5–10 business days.

8. Service Levels & Availability

We target high availability but provide the Service "as is" without SLA credits. Planned maintenance and emergency outages may occur. You are responsible for downloading and archiving any content you need to retain independently of the Service.

9. Data Retention

• Free-tier settle: after a free event's live window closes, the event settles — your most recent 10 photos stay visible at web resolution and the rest are hidden from the gallery. Hidden photos are not deleted; upgrading the event to a paid plan restores visibility of all of them.
• Active events: stored for the life of the event plus 90 days after the event end date.
• Closed / archived events: deleted 180 days after archival.
• Account deletion: content deleted within 30 days of account closure.
• Backups: retained up to 30 days beyond deletion.

After deletion, photos cannot be recovered. You are responsible for your own backups. We recommend downloading the event ZIP archive after each event.

10. Suspension and Termination

We may suspend or terminate access for material violation of these Terms, non-payment, fraud, or as required by law. We will, where reasonable and lawful, give you notice and an opportunity to cure before termination.

You may terminate at any time by deleting your account. Termination does not entitle you to a refund of pre-paid fees, except under the guarantee in § 7.

11. Intellectual Property

We retain all rights in the Service software, brand, trademarks, and platform. Nothing in these Terms transfers any intellectual property to you beyond the limited right to use the Service.

You grant us a non-exclusive, royalty-free right to use your business name and logo to identify you as a customer in marketing materials, subject to your reasonable trademark guidelines. You may revoke this permission by emailing [email protected].

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA STORED ON THE SERVICE WILL BE PRESERVED INDEFINITELY.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow these limitations; if you are in such a jurisdiction, the limitations apply to the maximum extent permitted.

14. Indemnification

You will defend, indemnify, and hold harmless Aerial Aspect Media LLC, its officers, employees, and contractors from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) brought by a third party arising from or relating to:

1. your Host Content;
2. your guests' content;
3. your breach of these Terms or any applicable law;
4. your violation of any third-party right.

For clarity, this includes any third-party claim that content uploaded to your event — by you or by any guest, including a guest who is anonymous, unidentified, or cannot be located — infringes that party's copyright, trademark, or other intellectual-property, privacy, or publicity rights. This obligation survives termination of these Terms.

15. DMCA / Copyright

We respect intellectual property rights and follow the notice-and-takedown procedure of 17 U.S.C. § 512. Our designated copyright agent for receiving infringement notices is reachable at [email protected]. A valid notice must include:

1. a physical or electronic signature of the rights holder or agent;
2. identification of the copyrighted work claimed to be infringed;
3. identification of the material to be removed and its location on the Service;
4. your contact information;
5. a statement of good-faith belief that the use is unauthorized;
6. a statement, under penalty of perjury, that the information is accurate and you are authorized to act.

On receipt of a valid notice we will expeditiously remove or disable access to the identified material. Repeat infringers will be terminated.

If your material is removed and you believe it was removed by mistake or misidentification, you may submit a counter-notice under 17 U.S.C. § 512(g) to [email protected]. A valid counter-notice must include:

1. your physical or electronic signature;
2. identification of the removed material and the location where it appeared before it was removed;
3. a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
4. your name, address, and telephone number;
5. a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who submitted the original notice or their agent.

16. Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service you agree to the data practices described there.

17. Changes

We may update these Terms from time to time. Material changes will be notified by email or prominent in-app notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Virginia, United States, excluding its conflict-of-laws rules. The exclusive forum for any dispute arising from these Terms is the state or federal courts located in Fairfax County, Virginia, and each party consents to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction.

19. Miscellaneous

• Entire agreement. These Terms and any document expressly incorporated are the entire agreement between you and us regarding the Service.
• No waiver. Our failure to enforce any provision is not a waiver.
• Severability. If a provision is held unenforceable, the rest remains in effect.
• Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, sale, or reorganization.
• Independent contractors. No agency, partnership, or employment relationship is created by these Terms.

20. Contact

Aerial Aspect Media LLC
Commonwealth of Virginia, United States
[email protected]